LI Network
Published on: December 29, 2023 at 14:22 IST
In a recent ruling, the Madras High Court affirmed the State Government’s competence to appoint Public Prosecutors and Additional Public Prosecutors, exercising authority granted by Section 24(6A) of the Code of Criminal Procedure (CrPC).
The Court emphasized that this authority extends beyond the regular cadre, allowing for the appointment of specialized Public Prosecutors for specific cases.
The Court’s decision came in response to a plea filed by Advocate Suresh Kumar, challenging the appointment of Public Prosecutors and Additional Public Prosecutors in District courts under the Madurai bench’s jurisdiction.
The contention raised was that the government was making these appointments without adhering to the recruitment process for cadre Public Prosecutors and Additional Public Prosecutors.
The bench, consisting of Justice M Sundar and Justice R Sakthivel, held that the State Government’s power to appoint under Section 24(6A) of the CrPC operates independently of the regular cadre.
Additionally, the Court highlighted the State’s authority, along with the Central Government, to appoint Special Public Prosecutors for specific cases or classes of cases under sub-section (8) of the same section.
During the proceedings, the State Public Prosecutor referenced a Supreme Court decision in K.J. John vs. State of Kerala and others, asserting that State Governments are not obligated to appoint Public Prosecutors or Additional Public Prosecutors exclusively from the cadre outlined in the Code of Criminal Procedure for Sessions Court cases.
Furthermore, the Court considered statutes such as the SC/ST (Prevention of Atrocities) Act and the POCSO Act, which allow for the appointment of Special Public Prosecutors/Exclusive Public Prosecutors.
According to Section 24(8) of the CrPC, both the Central and State Governments have the authority to appoint Special Public Prosecutors with a minimum of ten years’ experience at the bar for specific cases or classes of cases.
The Court concluded that after Tamil Nadu’s amendment to Section 24 of the CrPC, the addition of sub-section 6A granted the State Government the power to appoint Public Prosecutors and Additional Public Prosecutors beyond the regular cadre. It emphasized the necessity of adhering to the provisions of sub-sections (4) and (5) of Section 24 of the CrPC.
In light of these considerations, the Court deemed the petition unwarranted, leading to its dismissal.
Case Title: R Suresh Kumar v The Principal Secretary to Government